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Employers: Be Aware of Employee Rights in Texas
Posted by: Sio Ramirez Pitre
December 01, 2009

When is firing illegal?

In all 50 states, under Federal law, there are some situations in which an employment termination is illegal. It is illegal to discriminate against an employee due to his/her race, color, religion, sex, or national origin. The Americans With Disabilities Act (ADA) gives certain disabled individuals legal protections. The Age Discrimination in Employment Act of 1967 (ADEA) protects employees from discrimination based on age. In some very specific circumstances an employee may have legal protections as a "Whistleblower". It is also illegal to fire an employee for responding to a jury summons, exercising a legal right (such as filing for worker's compensation), or for refusing to do something illegal when the employer requires it.

Employment At Will

Here in the state of Texas, employees are considered to be "at will" unless there is a written contract between the employer and employee that says otherwise. Employment at will means that, in general, an employer can fire an employee at any time, for any reason, or for "no reason." An employee can also decide to quit at any time. A discharge is not wrongful just because it is unfair.

What about an employment contract?

A written employment contract can take the uncertainty and guesswork out of a working relationship, define the duties of each party, and determine important issues like compensation, term of employment and hours. Under certain circumstances, "offer letters" can be evidence of intent, especially if specific and signed by both parties.

What legal remedies are available to employers and employees?

The EEOC (Equal Employment Opportunity Commission) deals with discrimination on the basis of age, race, color, religion, sex, or national origin or a disability. For a labor dispute based on nonpayment of wages, salary or unpaid commissions, the state workforce commission or U.S. Department of Labor may become involved.

If fired, an employee may file for unemployment compensation. But the employer has the right to contest the payment of these benefits, and may prevail under certain circumstances. It is important for the employer to keep good records.

If there is a written contract between the parties that has been violated, either party may bring a suit for breach of contract.

It is very important for employers to respond to any complaints or lawsuits in a timely manner!

A little planning saves a big hassle later.

Check the Internet for information which pertains to state laws and unemployment compensation. http://www.twc.state.tx.us/. This site has a wealth of useful information for employers and employees. A business attorney can assist you in dealing with these situations, and can help you make risk management policies for your company that will save you time and money.

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